Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 15 Civil Procedure Code (V of 1908), O.XLI, R.27 Appeal against ejectment order Additional evidence Production of Tenant/appellant alongwith appeal filed by him against ejectment order of Rent Controller had filed application for production of additional evidence Appellant/tenant wanted to summon representative of Excise and Taxation Department in respect of certain shops belonging to respondent/landlord which allegedly were lying vacant Ejectment application filed by respondent/landlord against appellant/tenant remained pending for four years and tenant produced nine 'witnesses in support of his contention Nothing was on record to show that documents intended to be brought on record by tenant as additional evidence were not available to him at the time of his leading evidence In absence of cogent reason in support of application for additional evidence, said application was rightly rejected especially when documents intended to be produced as additional evidence had no relevancy with facts of the case. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(3)(ii) & (4) Bona fide personal need of landlord Landlord in his ejectment application had claimed that he required shop in dispute for personal bona fide use and occupation of his son who was jobless ¬Ejectment application was resisted by tenant contending that as son of landlord for whom shop was required was studying, personal requirement of landlord on that ground thus was based on mala fide Certificate produced by tenant to prove that son of landlord was a college student pertained to period prior to filing of ejectment application Nothing was on record to show that son of landlord had been employed or was on job at the time of filing ejectment application Ejectment application having been decided after four years of its filing, son of landlord could not be expected to sit idle for such a long time Landlord had produced oral as well as documentary evidence to prove that his son was jobless and shop in dispute was quite suitable for business intended to be started therein Landlord, in his statement, had categorically…

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